NEW INFORMATION: On Friday, June 9, WAVY obtained a copy of the grand jury indictment of Cory Bigsby on charges of murder and concealment of a dead body. READ MORE.
HAMPTON, Va. (WAVY) – 10 On Your Side has learned that Cory Bigsby was indicted on charges connected to the death of his 4-year-old son, Codi.
Sources tell 10 On Your Side that Bigsby was indicted by a grand jury on Monday. The paperwork associated with the indictment has not been filed yet in Hampton Circuit Court, according to clerks in that office.
A recently released mental health evaluation obtained exclusively by 10 On Your Side’s investigative team also reveals that Bigsby is competent to stand trial.
He’s also facing 30 charges connected to the alleged abuse and neglect of Codi and his brothers.
10 On Your Side reached out to Bigsby’s attorney, Amina Matheny-Willard, about the new indictment. She declined to comment on the case.
Bigsby reported Codi missing from their Buckroe townhome on Jan. 31, 2022. Police named him the only person of interest in his son’s disappearance early on in the investigation. Authorities have long presumed that the 4-year-old boy is dead, although his body has never been found.
“From the first minutes of the investigation, myself, the assistant chiefs, members of command staff, were at Codi Bigsby’s residence to see for ourselves what the evidence demonstrated. We have followed the evidence from day one. It was very clear to us, the evidence about what likely occurred has been very clear. There is little about this that has been mysterious,” former Hampton Police Chief Mark Talbot said during a Feb. 10, 2022 press conference.
Bigsby was quickly arrested and charged with allegedly abusing and neglecting Codi and his three siblings. Six months after Codi’s disappearance, a grand jury issued 30 indictments against the father, charging him with abuse and neglect after he allegedly left his children at home alone and failing to secure medical attention for an injured child.
Bigsby was behind bars without bail at the Hampton Roads Regional Jail until a judge ordered him to Eastern State Hospital in March to receive competency restoration services after an exam found him incompetent to stand trial. That exam was one of several in an ongoing argument between his attorneys and the Commonwealth about Bigsby’s ability to stand trial.
That evaluation was conducted by Dr. Weare Zwermer in February and March. The psychologist determined that Bigsby seemed to understand the legal process ahead of him, but not the seriousness of the charges against him.
That report also detailed Bigsby’s “escalating paranoia” and a series of “bizarre” behaviors during his time at the Hampton Roads Regional Jail.
In March, Bigsby’s team also requested a judge to dismiss the charges against Bigsby after they say the Commonwealth’s Attorney’s Office obtained evidence that wasn’t submitted to the defense for months. The evidence is a written statement Bigsby wrote while in jail. Bigsby’s defense team said the Commonwealth got a copy of that letter on Aug. 3, but did not share it with the defense team until November.
The contents of the letter have not been released to the public. WAVY News asked Matheny-Willard, who has seen the letter, if it was a suicide note or any kind of confession. She initially said no, but then revised her response to say “because the statement is verifiably untrue, nonsensical and bizarre, I do not consider it either one.”
The results of Bigsby’s treatment at Eastern State Hospital were filed in Hampton Circuit Court on Monday. Licensed Clinical Psychologist William McKenna evaluated the father on May 30 and determined he is competent to stand trial.
During his hospitalization, Bigsby’s thought process was “goal directed” and did not contain “overt delusional ideation, obsessions or phobias,” according to the report. He also denied having any auditory or visual hallucinations. A doctor diagnosed him with post-traumatic stress disorder (PTSD) and prescribed him medication.
Bigsby began competency restoration services on April 19 and addressed several concerns that Zwermer highlighted in his evaluation of the father that happened in the spring. Those included conflicting background information that Bigsby gave several medical providers, which the father said had been “misinterpreted.” He also told the counselor that he gave erroneous biographical information to at least one evaluation because “he believed the evaluator did not need to know such personal details,” the report states.
McKenna also wrote that Bigsby understands the legal process in front of him, but continued to be guarded about the case. During a May 9 meeting with the restoration counselor, Bigsby also discussed a “hypothetical plea bargain.”
Bigsby is due in Hampton Circuit Court on Wednesday.
This story is breaking. Check back on WAVY.com for updates.